MANUBHAI GOTHABHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) xxx xxx xxx.

(2.) The learned Counsel for the petitioner submitted that his family income did not exceed the limit prescribed by the State Government. Hence, his case was required to be considered. Moreover, as per the decision of this Court in Chanabhai Bababhai Maru v. President/Secretary, Dhandhuka Nagar Panchayat, 1993 (2) GLH 822, while computing the income of the family, amount of pension ought not to have been considered. No affidavit-in-reply is filed on behalf of the State Government. Prayer, therefore, is that respondent authorities must give appointment on compassionate ground to the petitioner.

(3.) The above prayer cannot be granted by this Court. In the facts and circumstances of the case, however, the authorities are directed to decide the matter in accordance with the decisions of this Court including above decision as also relevant circulars. Since the matter pertains to compassionate appointment, the authorities are directed to decide the same in accordance with law as expeditiously as possible preferably within four weeks from the date of the receipt of the writ. Petition is allowed to the above extent. Rule is made absolute to the above extent. No order as to costs.